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06/07/1976 - 00014791� �� 'I THE PIINUTES OF THE REGULAR MEETIPlG OF THE FRIDLEY CITY CQi!NC?L OF JUPdE 7, 1976 The regular meeting of the Fridley C�ty Council of June 7, 1976 was called to order by Mayor Nee at 7 32 p m. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed the aiidience and invited them to ,7oin with the Council in sayin� the Pledge of Allegiance to the Flag ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MIPJUTES: Councilwoman Kukowski, Counctlman Starwalt, Councilman Hamerm k, Mayor Nee- and Councilman Fitzpatrick None REGULAR MEETIPJ;, MAY 3, 1976• Councilman Hamernik said that the minutes shoulcl be corrected on paqe 2, end nf paragraph 5 The last sentence should read, "The matter was then placed on the Agenda, there being no audible ob,7ections. It was referred to the Park and Recreation Commission, and the item would come back later in the eveninq for a hearing " Councilman Hamerm k said that another correction would be on paqe 6, first para- graph under heading, "Discussion Regardinq Stnn for North Park", the first sentence should read, "The matter of the park siqn that was deferred until later in the � evening was taken from the table for action " MOTION by Counc�lman Starwalt to adopt the minutes as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. , PUBLIC HEARING MEETING. MAY 10. 1976: MOTION by Counc�lman Starwalt to adopt the minutes as su6mitted Seconded by Council- woman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING. MAY 17, 1976. Councilman Hamernik said he had one correction. On paqe 10 under item "Cable Television Commission: Cable Seminar", the first P1DTION was seconded by Councilwoman K��kowski instead of Ceuncilman Hamermk Upon a voice vote, ('ouncilman Fiamernik �oted nay instead of Councilwoman Kukowski. The secord P10TION was inade by Councilman Hamernik instead of Councilwoman Kukowskt MOTION by Counctlwoman K��kowski to adopt the minutes as amended Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETING, P1AV 2�},'1976 (JUNE 1 MOTION by Councilman Hamernik to adopt the m�nu±es of the Continued Board of Review Meeting held June 1, 1976, as submitted. Seconded by Counc�lwoman Kukowski Upon a voire vote, all voting aye, Mayor Nee declared the motior carried unanimously ADOPTION OF AGEPlDA. The Public Works Director sun�ested that the Council add Item 6A wh�ch would be "Consideration of Setttng a Public Hearing on Zoning Code (Chapter 205) in Regard to ��� �, � REGULAR COUPdCIL P1EETIPJG OF JUNE 7, 1976 PAGE 2 Chapter 602 Titled Beer " This refers to certain recommendattons from the Planning Commission as it afifects the zon�nq code in relation to bars and taverns in con�unction with Section 602 of the City Code, 6astcally the issuance of beer ltcenses. MOTION by Councilman Starwalt to add Item Seconded by Councilwoman Kukowski. Upon a declared the motion carried unanimously. 6A as stated by the Public Works Director. vo�ce vote, all votinq aye, Mayor Nee OPEN FDRUM, VISITORS � Eugene Kazmierkoski stated that in his area, 61st Aue and 7th Street, there is a problem with law enforcement The problem is bicycle riders, children as well as adults are violating the stop signs. The violations occur even when the police radar units are parked there, and no attempt is made to warn the v�olators by stopping them and issuing a ver6al war m nq. Last Wednesday Euqene Kazmierkoskt said that he observed approximately seven children almost get hit by cars, one was very close. Drtvers and ch�ldren are both at fault. Also there is a lot of noise caused by cars that leave the stop signs at an excessive rate of speed, with no mufflers on the cars or illegal mufflers. He sa�d that he had been down to the Police Station a couple of times, and the Police �epartment has been very cooperative in that reqard, but they only come out there for one or two days, and that is it. Then there is the matter of parking tickets P1r. Kazmierkoski stated the pol�ce issue spot tickets for parking, but not everybody qets one 60th Avenue is beinq torn up, therefore some of the people can't get �nto their qarages, and they have to park on 7th. They have been issued tickets, several of them,but not all of them. Last Fr�day one of the kids in the netghborhood was issued a t�cket for parking there, yet there were three cars sitting in front of him, and nothinq was done about them. Mr. Kazmierkoski said that when he was qoinq north on 7th Street under the bridge by the `reevaay and going over the htll, he neticed a radar car sittino there. Hts speedometer indicated 35 miles per hour when a car passed him, swerved into the other � lane, and almost rear-ended another car. P9r. Ka�mierkoski was of the opinion that either better patrollin9 was required, or else it was a matter of getting someone to do �t. Mayor Nee said that Mr. Kazmterkoski had called him at home, but that he had not yet had the time to check out the compla�nt. Eugene Kazmierkoski asked what w�ll be done about the selective parking tickets? $15 is pretty stiff. P4ayor Nee asked what day it was that the ttcket tn question was tssued, and the reply was one on Friday and another one on Sunday niqht, about seven o'clock. Eugene Kazmierkoski agreed with P1ayor Nee's summarization as a situation where the whole street was marked for no parkinq, but where one car would be ticketed and not another. Councilman Hamernik said that the City Council could not do anything about the traffic tickets, but that P1r. Kazmierkoski should come to the Council and make his views known, and perhaps he may have a suqqestion to alleviate the problem that he could aoproach the Council with Eugene Kazmierkoski asked if it were possible that the signs could read "No parking S�x to Eight except Saturday, Sunday, and Holidays." Otherwise the residents have no means of accommodatirq their company's cars. P1ayor Nee said that was possible, and i,hat the signs were put up originally at the request of the residents because people were using the streets for parking instead of the parking lots. Eugene Kazm�erkosk� further illustrated the difficulties with the s�gn prob1em, and � Mayor Nee repl�ed that he vinuld like to have Mr. Kazmierkoski canvass the neighbors and ascertain if they would like to have the holiday exemptton, and s�nce the signs are there now as a result of petitions by the neighbors he would be reluctant to make any changes unless the neiqhbors expressed themselves. The City Planager suggested that Mr Kazmierkoski should contact the Public Safety Director, although you may brinq thts matter to the Council also, but the other method ts more direct Mayor Nee sa�d that the Council doesn't want discrimination, and if there �s any the Counc�l would be concerned with it Counc�lman Starwalt inquired if P1r Kazmierkoski had talked with the Police Depart- ment, and Mr. Kazmierkosk� said that he had He had been there today, as well as at � � � REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 3 : -r other times, and when he has talked to them they have come out right away and checked for a day or two On one of these occasions he saw a police car qoing through the stop sign and it was followed by two bicyclists immediately behind him Councilman Starwalt asked that the C�ty have a 1ittle time to f�nd some answers, OLD BUSINESS: F SECOND READING "u F OFcDINANCE N0. 613 FOR REZONING REQUEST, ZONING MENT ZOA �i76-01, BY JOHN HALUPTZOK, FRDP1 C-15 TO M-1 GENERALL`( 1240 73� AUENUE N.E. MOTION by Councilwoman Kukowski to waive the readinq and approve the ordinance on second reading and order the publicatton. Seconded 6y Councilman Starwalt Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIDN OF SECOND AMENDING CHAPTER 206 OF THE ❑CDMTT CCCC MOTION by Councilman Hamerntik tb waive the read�nq and approve the ordinance on second re�dtng and order the publicatton. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unan�mously CO�JSIDERATION OF SECOND READING OF ORDINANCE �!0 615 TO AMEND CHAPTER 11 OF THE CTTY rnnr nr �rnr rrTV nr rnrni rv i rrrnicr rrrc . MOTION by Councilman adopt the ordinance, Councilman Starwalt. carrted unanimously. Fitzpatrick to add the btngo ltcense fee to the ordinance and waivinq the readinq and order�ng publication Seconded by Upon a voice vote, all votinq aye, Mayor Nee declared the motion IDERATION OF SECOND REA�ING OF AN ORDINANCE APIENDING THE CITY CHARTER OF THE P1ayor Nee said that he had been writing a memo on this matter to be sent to the Council members and to the Charter Commission, he would like to see more d�scussion on it Otherwise he would vote against it He would be in favor of tabl�nq it at the present time, and he would like to get a reaction from the Council and the Charter Commission on the memo. MOTION by Councilman Fttzpatrtck to table consideration of the ordinance unt�l the regular Council meeting of June 21, 1976 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. READIN6 OF ORDINANCE N0. 616 AUTHORIZING THE ISSUANCE OF Mayor Nee stated the only change here was the setting of the fee and the aqes General discussion centered on the verifying of the reports, and �nsertinq the Binqo License Fee of $100 per year and $25 for a 4 day ltoense under 9ect�on 11 10 of this ordinance and Ordinance No 615, ,7ust adopted MOTION by Councilwoman Kukowski to waive the readinq and approve the ordinance on second readrng and order the publication. Seconded by Councilman Fitzpatr�ck Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unam mously NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTA6LISHING CHAPTER 602 OF THE FRIDLEY ES The Public Works Director said that this had been referred to the Planning Commission for investtgation and has come back with some revisions which are basically a refinement of some definitions There were some chanqes at staff level. In Section 602 05, Minors, iJ �1� REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 4 in the third line, it was recommended that the words "in the premises of any estab- lishment" he elim�nated. The Publ�c Safety Department indicated it could cause con- fusion The Council changed the wording to "on the premisis" rather than, "in the premises" In Section 602.12, the second to the last sentence, you will note the reference to Chapter 81 It should be Chapter 602. MOTION by Councilwoman Kukowski to correct the wording and change the reference to Chapter 81, to Chapter 602 Seconded by Counctlman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counci�man Starwalt to adopt the ordtnance on f�rst reading, as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�nn aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF SETTING PUBLIC HEARING ON ZONING CODE (CHAPTER 205) IN REGARD The Public Works �irector said that on page 11 of the Planning Commission M�nutes it refers to the recommendation of the Planning Commission regarding the changes to the beer ord�nance, and one of the final items �s the recommendation to Council to approve the revisions suggested for Section 205 101, This would require bars and taverns to be removed from the cateqory of commercial zoning and to be placed in a special use permit and that any chanqes to the zoninq would require a public hearing. MOTION by Councilwoman Kuk-owski to set a oublic hearing on the zoning code (Chapter 205) in reqard ±o Chapter 602 titled beer for July 19, 1976. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION PIEETING OF MAY 19, 1976• APPEALS COPIMISSION, P1AY 11 , 1976 � A. L. WILLIAMS, 533 GLENCOE ST. MOTION by Councilman Fitzpatrick to table the matter until such time as the pettt�oner is present with his plans Seconded by Councilwoman Kukowski. Unon a voice vote, all voting aye, Mayor Nee declared the motion carrted unam mously. PARKS AND RECREATION, APRIL 26, 1976: RED TAG TAX FORFEIT LAND FROM MISSISSIPPI STREET TO 67TH WAY BETWEEN ASHTON AVENUE AND RAILROAD TRACKS: Councilman Fitzoatrtck said that there is no park factlity tn the whole area bounded by East River Road and the tracks and by f4ississippi Street and the creek. There is some at the north end, but it isn't sufficient for any active recreational use such as ball playinq. Mayor Nee said he was in favor of red tagging, but he would like to see a study of the area made. MOTION by Councilman Fitzpatrick to red taq the U lots. Seconded by Councilman Hamer m k Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously NAMING FRIDLEY PARKS• MOTION by Councilman Fitzpatrick to concur with the Parks and Recreation Commtsston ' recommendation as to the first three names: Glencoe Park, North Park, and that there be no name given the East R�ver Road Park. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously � � , REGULAR COUNCIL f4EETING OF JUNE 7, 1976 PAGE 5 The namtng of Unity Park was discussed with the concept of names for parks associated with the neighborhood identity. Councilwoman Kukowski sugqested that one of the several park sites whtch do not have official names by named for Mr. Glenn Thompson. MOTION by Counctlwoman Kukowski that the Unity Hosp�tal property be named Unity Park. Seconded by Councilman Hamerm k. Upon a voice vote, all ��oting aye, Mayor Nee declared the motion carried unan�mously MOTION by Councilman Starwalt that the last three be tabled for further investi- gation and consideration. Seconded by Councilman Hamerm k Upon a voice vote, all votinq aye, Mayor Nee declared the motion carr�ed unanimously PARKS APID RECREATION COMMISSION, M11AY 3, 1976: MOTION by Councilman Hamernik to table the Park and Recreation Commisston's recommendation to hold $6,000 from budget for Madsen Tenn�s Court until new year. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously KENNEDY TRANSMISSION SPECIAL USE PERMIT, SP r�76-06 AN� ROBERT SCHROER LOT SPLIT a. t,�io-u�r, iiu� UIVIVCI(J111 nv�iv�c iv.c.: The Public Works Director said that this was a continuation of the development that has 6een takinq place along University Avenue between Os6orne Road and 79th Avenue. There is the concern that these lots might 6ecome landlocked. He said that Mr Schroer had been approached by two property owners, Town Crier Restaurant and Datsun, who are interested in buy�nq the property and then the easements would not be required and the roadway may not be built or required. The recommendation is to ensure that the City qets the requtred easements along the west line and that the lot split be granted. The Public Works Director satd that a vartance request has gone through the Board of Appeals, and the request is for a side yard var�ance from 15 feet to 5 feet along the north property line. Playor Nee said that after he read the minutes he became very concerned about this matter. The Public Works Director stated that they were, too, and it is getting to the noint where the roadway may not be constructed. Mr. Schroer had a plan, and�the past Council concurred with his proposal, but since that time the nature of the lot split and the various commercial erterprises going in there have not reflected his initial intent, and at this point it appears that what is developing is different from what was planned MOTION by Councilman Hamernik that the Plamm �q Commission's recomniendations be approved along with the stipulat�ons that they have. Seconded by Councilwoman Kukowski. Upon a voice vote, all votirg aye, Mayor Nee declared the motion carried unanimously. Mayor Nee sa�d that the consideration of the variance is not before us yet, but it would be in order to concur in advance on the assumption that the Board of Appeals may grant �t. The Public Works Director stated that the Board of Appeals has approved i±. Mr. Kennedy and his associates explained the development planned for their property. MOTION by Councilman Fitzpatrick to grant the variance with the concurrence of the Board of Appeals Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carr�ed unanimously. CONSIDERATION OF REQUEST FOR FUNDING FROP1 NORTH SUBURBAN FAMILY SERUICE CENTER MOTION by Councilman F�tzpatrick to receive the letter 5econded 6y Councilwoman Kukowski. Upon a voice vote, all votrnq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt that the sub�ect matter of the letter be referred to the Human Resources Commission. Councilman Hamernik said that it should show the priority items to give the Council and admi m stration some recommerdations. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � C7 ry REGULAR COUNCIL MEETING OF �UNE 7, 1976 PAGE 6 MOTION 6y Councilwoman Kukowskt that a resolution be drafted encouraging Anoka County to subsidize the cost and that it be hro!;qht back for Council consideration at the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1976-10 �oi rnoTTnir • BID�ER BID �EPOSIT LUMP SUM BID ALTERNATE Allied 6lacktop 5% $10,510.06 �9,784 32 3601 - 48th Avenue No (City Sweeprnq) Minneapolts, Mn. 55429 MOTION by Councilman Hamernik to award the bid to Allied B1acktop in the amount of $9,7g4 32. Seconded by Councilwoman Kukowski. Upon a voice vote, all vottng aye, Mayor P�ee declared the motion carr�ed unanlmously. RECEI�ING PETITION N0. 9-1976 REQUESTING IMPROVEMENT OF OAK GLEN CREEK BY THE KUNZ nr� r�nnnnnnni. MOTION by Councilman Fitzpatrick to receive the petition. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 46-1976 AUTHORIZING CITY OF FRIDLEY TO PARTICIPATE IN LOAN GRANT PROGRAM WITH METROPOLITAPJ COUNCIL: The Public Works Director stated that the f�etropolitan Council is trying to make application for mo m es for a rehabilitation program and Fridley is one of the selected commun�t�es requested to participate The Metropolitan Council wants vertfication that Fridley will proceed with the proqram and cooperate w�th them tn this matter. Councilman Starwalt said that he is reluctant to go along with the block grant concept. Mayor Nee said this was a spectal application that the Metro Housing Finance Agency made for innovative programs It is out of the reqular process of block grants and in a sense tt is ar exper�mental proqram. They have access to other funds and it is not necessarily a year-after-year program. MOTION by Councilwoman Kukowsl:i to adopt Resolution No 46-1976. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilmen Hamerm k and Starwalt voting nay, Mayor Nee declared the motion carried by a three-to-two vote. APPQINTMENTS: CITY EMPLOYEES: NAME Telaine Dematteo 1441 73rd Ave N.E Fridley, Mn. Sharon A. Schuldt 10151 Sycamore St. Coon Rapids, Mn. PDSITIO^1 Receptiomst/ License Clerk, Finance Dept. B�lling Machine Operator, Finance Department SALARY 3567 Per Month TRANSFER $585 Per Mlonth EFFECTIVE DATE P1ay 18, 1976 May 10, 1976 REPLACES Sharon Schuldt Marsha Thorpe MOTION by Councilman Starwalt to approve the appointments. Seconded by Councilwoman Kukowski Upon a voice vote, all votrnq aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to pay the cla�ms. Seconded by Councilwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unantmously. LICENSES MOTION by Councilman Hamer m k to approve the licenses as submitted and on file in the License Clerk's off�ce. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�nq aye, Mayor Nee declared the motion carried unanimously. i � � ' � � REGULAR COUNCIL MEETING OF JUNE 7, 1976 ESTIMATES: PAGE 7 MOTION by Councilwoman Kukowski to pay the estimates Seconded by Councilman Fitzpatrtck. Upon a votce vote, all voting aye, Mayor Plee declared the motion carried unanimously Peter Lametti Constructton Co 615 Drake Street St. Paul, Minnesota 55102 FINAL Estimate #1 for period ending May 28, 1976 for Sewer and Water Pro�ect #119 N.D.H. Asphalt Co., Inc. 5400 N.W. Industry Avenue Anoka, Minnesota 55303 PARTIAL Estimate �l, for Street Improvement Pro�ect ST. 1976-1 $44,761 62 $77,966 35 SEEKING CLARIFICATION REGARDING THE PUBLIC SAFETY DIRECTOR AND NEW POLICE OFFICERS' MEMBERSHIP IN POLICE AND FIRE PERA: Mayor Nee said that it was his feeling that the response from the Attorney General's Offtce is going to be adverse and that he had asked the City Attorney to prepare a proposal for the Ctty Council's consideration. If the response from the state is positive, then the proposal would be unnecessary The City Attorney has the proposal for your consideration. The City Attorney recalled Fridley's participation in a lawsuit filed by Columbia Heights in which the Supreme Court reversed the �istr�ct Court tn that matter and Columbia Heights prevailed to allow police officers to 6e placed in the PERA Police and Fire Pension Fund. The City Attorney went on to outline the legal problems and f�ndings and interpretations of law in the matter P�OTIOfd 6y Councilwoman Kukowski that a resolution be prepared for the next meet�nq indicating the City intends to fill the vacancy of a police officer in the Police �epartment pending clarif�cation of pension consideration, and that the City Attorney proceed with the declaratory �udgment Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADJOURNMENT: The Regular Meeting on June 7, 1976, of the Fridley City Council was ad�ourred by Mayor Nee at 11:16 p m. Respectfully su6mitted, � � ` ,<<. -- _�`r,� ; � r_ , , _ �,�;� John Chegwyn Council Secretary � Approved: June 21, 1976 �; ��� ��--e-�- Wtlliam J Nee Mayor